Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698928095802.pdf (Micronesia, Federated States of)
ELEVENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION, 2001 CONGRESSIONAL BILL NO.

11-210, C.D.1 Public Law No.

11-76 AN ACT To further amend revised title 11 of the Code of the Federated States of Micronesia, as enacted by Public Law No.

11-72, by amending sections 102, 104, 301, 506, 511, 907 and 940, as enacted by Public Law No.

11-72, to make technical corrections; by enacting a new section 1001; and for other purposes.
BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Section 102 of title 11 of the Code of the Federated 2 States of Micronesia, as enacted by Public Law No.

11-72, is hereby 3 amended to read as follows: "Section 102.

Applicability to crimes committed before and after effective date.

(1) Except as provided in subsection (2) of this section, this act does not apply to crimes committed before its effective date.
For purposes of this section, a crime is committed before the effective date if any of the elements of the crime occurred before that date.

(2) Prosecutions for crimes committed before the effective date are governed by the prior law, which is continued in effect for that purpose, as if this act were not in force."

Section 2.

Section 104 of title 11 of the Code of the Federated 15 States of Micronesia, as enacted by Public Law No.
11-72, is hereby 16 amended to read as follows: "Section 104.

Definitions.

The definitions in this section shall apply throughout this title, unless otherwise specified or a different meaning is plainly required.

(1) 'Crime' means an act committed or omitted in violation of any law forbidding or commanding it, and which, upon conviction, is punishable by either or both of the following: CBL 11-226 CONGRESSIONAL BILL NO.

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11-76 (a) imprisonment; or (b) fine.


(2) 'Criminal negligence' means to engage in conduct which creates a substantial and unjustifiable risk of bodily injury to another, or to engage in conduct which constitutes gross deviation from the standard of care that a reasonable person would exercise, which conduct causes the criminal result.

(3) 'Felony' means any crime which is punishable by imprisonment for more than one year.
(4) 'Intent' means acting with the conscious purpose to engage in the conduct specified, refrain from the omission specified or cause the specific result.

(5) 'Knowledge' means being aware of the nature of the conduct or omission or of the existing circumstances, or believing that a fact exists which brings the conduct or omission within the provisions of this code.

It does not require any knowledge of the unlawfulness of such conduct or omission.

(6) 'Misdemeanor' means any crime which is not a felony.
(7) 'National crime' means: (a) any crime which is (i) inherently national in character and defined anywhere in this title; or (ii) otherwise a crime against the Federated States of Micronesia.

1 of 11 CONGRESSIONAL BILL NO.

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11-76 (b) A crime is 'inherently national in character' when any of the following is true: (i) the crime is committed in the exclusive economic zone of the Federated States of Micronesia as defined in title 18 of this Code; (ii) the crime is committed in the airspace above the territory comprising the Federated States of Micronesia as defined in article I, section 1 of the FSM Constitution; (iii) the crime is committed on any airborne vehicle of the National Government, regardless of that vehicle's location; (iv) the crime is committed on any watergoing vessel flagged and registered by the Federated States of Micronesia regardless of that watergoing vessel's location; (v) the crime is committed on any watergoing vessel of the National Government regardless of that vessel's location; (vi) the crime is committed against a national public servant in the course of, in connection with, or as a result of that person's employment or service; (vii) the crime is committed against a former national public servant in retaliation for an act undertaken while that person was engaged in public service and within the scope of his or her official duties; (viii) the crime is committed by a national public of 11 CONGRESSIONAL BILL NO.
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11-76 official or public servant while that person is engaged in his or her official duties or in violation of a fiduciary duty; (ix) the crime involves property belonging to the National Government; or (x) the crime is committed against any person participating in or attempting to participate in a national election.
(8) 'Official proceedings' means any proceeding conducted by or under the supervision of a judge, magistrate, judicial officer or other public official in relation to any alleged offense or proven offense, and includes an inquiry, investigation, or preliminary or final determination of facts.

(9) Person.
(9) Person.

The terms 'person', 'he', 'she', 'accused' and 'defendant' include any natural or legal person, including but not limited to, a government, corporation or unincorporated association, or other organization.

(10) 'Principal' means a person who commits or participates in the commission of a crime and shall include a co- conspirator, accomplice or an aid or abettor.
(11) 'Public official' and 'public servant' means any person elected, appointed or employed to perform a governmental function on behalf of the Federated States of Micronesia, or any department, agency or branch thereof, or any allottee as of 11 CONGRESSIONAL BILL NO.

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11-76 defined in the Financial Management Act of 1979 or any successor law, in any official function under or by authority of any such agency or branch of government.

The terms include, but are not limited to, the President, Vice President, department heads and other government employees, legislators, judges, law enforcement officers, advisors and consultants, but do not include witnesses.
(12) 'Reckless' means to engage in conduct with a willful disregard for the safety of others or to engage in conduct in a manner that constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.
(13) 'Serious bodily injury' means bodily injury which creates a high probability of death or which causes serious permanent disfigurement or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other bodily injury of like severity.

(14) 'Willfully' means to act with a purpose or willingness to commit an act, or to make an omission.

It does not require any intent to violate the law, or to injure another, or to acquire any advantage.
(15) 'Property' shall mean both real and personal property."

Section 3.

Section 301 of title 11 of the Code of the Federated States of Micronesia, as enacted by Public Law No.

11-72, is hereby 25 amended to read as follows: 5 of 11 CONGRESSIONAL BILL NO.

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11-76 "Section 301.

Liability for crimes.
(1) A person shall be treated as a principal to a crime if that person: (a) directly commits any act constituting a crime; (b) while acting with the state of mind that is sufficient for the commission of the crime, causes an innocent person or person legally incapable, as defined by section 301A of this chapter, to engage in such conduct; (c) having a legal duty to prevent the commission of a crime, fails to make proper effort to do so; or (d) whether or not being present during the commission of the crime, intentionally aids, abets, advises, solicits, counsels, encourages, commands, threatens, menaces or coerces another to commit a crime, or conspires with or otherwise procures another to commit a crime.
(2) A person liable under subsection (1) of this section is also liable for any other crime committed in the pursuance of the intended crime if that crime is reasonably foreseeable by him as a probable consequence of committing, or attempting to commit, the crime intended.

(3) A person liable under this section may be charged with and convicted of the crime although other principals to the same crime have not been prosecuted or convicted, or have been convicted of a different crime or degree of crime."
Section 4.

Section 506 of title 11 of the Code of the Federated of 11 CONGRESSIONAL BILL NO.

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11-76 1 States of Micronesia, as enacted by Public Law No.

11-72, is hereby 2 amended to read as follows: "Section 506.

Implements for escape and other contraband.


(1) A person commits a crime if: (a) he or she unlawfully introduces, within a detention facility, or unlawfully provides an inmate of a detention facility with any weapon, tool, or other thing which may be useful for escape; or (b) being an inmate of a detention facility, he or she unlawfully procures, makes, or otherwise provides himself or herself with, or has in his or her possession, any weapon, tool, or other thing which may be useful for escape.
(2) A person commits a crime if: (a) he or she provides an inmate of a detention facility with anything which the defendant knows the inmate may not lawfully possess; or (b) being an inmate of a detention facility, he or she unlawfully procures, makes, or otherwise provides himself or herself with, or has in his or her possession, anything which he or she knows is unlawful to possess.
(3) 'Detention facility' refers only to a detention facility owned or operated by the Federated States of Micronesia, or to any other detention facility if the inmate is detained therein pursuant to an arrest, charge, or conviction for a national crime, or to an accusation or 7 of 11 CONGRESSIONAL BILL NO.

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11-76 adjudication of delinquency based upon a national crime, or detained for extradition or deportation purposes.
(4) 'Unlawfully' means surreptitiously or contrary to law, regulation, or order of the detaining authority.

(5) A person convicted under this section shall be imprisoned for not more than ten years if the unlawful item provided or possessed was a deadly weapon.

Otherwise, a person convicted under this section shall be imprisoned for not more than three years."

10 Section 5.

Section 511 of title 11 of the Code of the Federated 11 States of Micronesia, as enacted by Public Law No.
11-72, is hereby 12 amended to read as follows: "Section 511.

Definitions.

The definitions in this section shall apply throughout this title, unless otherwise specified or a different meaning is plainly required.

(1) 'Benefit' shall mean gain or advantage of any kind, and shall include financial gain, property, service, or improvement of condition.
(2) 'Business' shall mean businesses of any kind whether situated in the Federated States of Micronesia or elsewhere and whether incorporated or not.

(3) 'Family member' shall mean a parent, brother, sister, spouse, nephew, niece or child, including a person who is adopted legally or in accordance with custom, or for whom care was given by the public official such that there exists 8 of 11 CONGRESSIONAL BILL NO.

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11-76 a relationship in the nature of parent and child.

The term shall also include a spouse of any person referred to in this definition and their children.

(4) 'Interest' shall mean either direct ownership of, indirect ownership of, shares in, financial benefit from, or complete or partial control of, such property or business.
(5) 'National Government' shall mean the National Government of the Federated States of Micronesia, including any department, agency or branch thereof.

(6) 'Property' shall mean real or personal property of every description whether situated in the Federated States of Micronesia or elsewhere."

Section 6.

Title 11 of the Code of the Federated States of 14 Micronesia, as enacted by Public Law No.
11-72, is hereby amended to 15 renumber subchapters "3" and "4" of chapter 5 as subchapters "III" and 16 "IV" of chapter 5.

17 Section 7.

Section 907 of title 11 of the Code of the Federated 18 States of Micronesia, as enacted by Public Law No.

11-72, is hereby 19 amended to read as follows: "Section 907.

Value of property.
Value of property.

(1) Subject to subsection (2) of this section, for the purposes of this chapter, the value of property (other than cash) in relation to any person holding the property is: (a) its market value; or (b) where an innocent third party holds an interest in 9 of 11 CONGRESSIONAL BILL NO.

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11-76 the property: (i) the market value of the property, less the interest of the innocent third party; and (ii) less the amount required to discharge any valid liens or encumbrances.

(2) References in this chapter to the value of a gift, or the value of any payment or reward, means the value of the gift, payment or reward to the recipient when it was received, adjusted to account for any subsequent changes in the value of money."

Section 8.
Section 8.

Section 940 of title 11 of the Code of the Federated 12 States of Micronesia, as enacted by Public Law No.

11-72, is hereby 13 amended to underline the section title.

14 Section 9.

Chapter 10 of title 11 of the Code of the Federated 15 States of Micronesia, as enacted by Public Law No.

11-72, is hereby 16 amended to enact a new section 1001 of chapter 10 to read as follows: 17 18 19 20 "Section 1001.

Short Title.
Short Title.

This chapter is known and may be cited as the 'Federated States of Micronesia Weapons Control Act'."

Section 10.

This act shall become law upon approval by the 21 President of the Federated States of Micronesia or upon its becoming 22 law without such approval.

23 24 25 April 11th, 2001 10 of 11 CONGRESSIONAL BILL NO.

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11-76 ___________/s/________________ Leo A. Falcam President Federated States of Micronesia of 11